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(영문) 서울북부지방법원 2018.04.26 2018고단594

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a C chartered bus.

On February 1, 2018, the Defendant driven the above bus around 02:35, and turned to the left at the right angle of the shooting distance in front of Dongdaemun-gu Seoul Metropolitan Government D from the long distance.

It is the intersection where signal lights and crosswalks are installed. In such a case, there was a duty of care to comply with the signal of the front line to the person engaged in the driving of the motor vehicle, and to prevent the accident, such as to ensure that there is a pedestrian who gets involved in the driving of the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim E (54) who walked the crosswalk in accordance with the pedestrian signals to the right side from the left side of the marina course direction by negligence that did not see the right-hand turn signal of the front side and left-hand turn.

After all, the Defendant suffered injury to the victim, such as the brush and the brushing of the 8 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Supplementary statements of the actual condition of E traffic accidents;

1. Report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The remaining left-hand turn in violation of the notification of the reason for sentencing under Article 62(1) of the Criminal Act, the suspension of the execution of sentence is more severe for pedestrians, the degree of injury of the victim is less severe, the victim wants to punish the defendant, the victim has no criminal history other than the one sentenced to a fine in 2006, the health condition is very good after the operation in 2015, the damage is expected to be recovered due to the purchase of the automobile comprehensive insurance, the scope of recommended punishment (the proviso of Article 3(2) of the Act on the Aggravated Punishment) set forth in the sentencing guidelines for traffic crimes.